The People’s Jury Authority Repositioning

According to <authorization to carry out a reform of the jury system > made by second session at the fourteenth session.At May 20, 2015, the Supreme People’s court and the Ministry of Justice jointly issued the< people’s jury system reform case >and <the reform of the jury system implementation method>, and then the people’s jury system reform was carried out.The measures made a series of new regulations that include people’s juror selection conditions, selection procedures, trial scope, assessor authority, exiting conditions and disciplinary mechanisms and protect their duties. Jurisdiction separation for fact determination and the application of the law, powers of the people’s assessors is identifying the facts of the case. They have right to say independent opinions and the conclusion formed by "vote", as well as they do not participate in the vote on the application of the law. Firstly, it contributes to the supervision of the judicial power and is an effective legal education of citizens. Secondly, it can prompt both pleadings, lawyers, prosecutors prosecutor pay attention to the facts and improve plea skills. Thirdly, it can resolve judicial pressure. The functions rely not only to strengthen top-level design, organization and leadership, education, social mobilization, more urgent is how to perfect the procedure of matching mechanism, the scope of the case, the number of combinations, perfecting the people’s jury selection procedures, establish the withdrawal mechanism, voting powers, the system of people’s assessors management and the establishment of compulsory lawyer agency or defense system etc.The first part summarizes the origin of jury system and its existence value. Then put forward the distinction between the "facts" and "legal". Through examining the two legal system mode, putting up the reference and significance of the jury system in our country.The second part is about the status and problems of powers of the people’s jurors in our country. Through the analysis of the traditional positioning is the form of a wide range of nature, and pointed out the inherent contradictions.The third part is the introduction of judicial reform objectives and tasks, to ensure that the people’s participation in the judicial power is the guiding principle of reform. Put up the introduction of the people’s jury of the re positioning and litigation value, and its analysis.The fourth part focuses on the implementation of the plight of the people’s jury system in our country, from the plight of the concept to the implementation of the plight, as well as the plight of the judicial practice matching mechanism.The fifth part focuses on the legislation to the jury system, the rules of the reconstruction, to resolve the plight of the people’s jury system.Although examining the jury system in our country, there are many problems, but the reform is endowed with new vitality, with the help of this spring to comprehensive reform, will play its due role in the system. This reform gives them new vitality, we should pay attention to the value, to perfect it, make it adapt to the development of our society.